Loading...
ccreg 10-20-1998 . . .' REGULAR SESSION OF THE SCHERTZ CITY COUNCIL OCTOBER 20, 1998 The Schertz City Council convened in Regular Session on Tuesday, October 20, 1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro- Tern Ken Greenwald, presiding; Council members Pia Jarman; Joe Potempa and Norman W. Agee, Sr. Absent: Mayor Hal Baldwin and Council member Timothy Swinney. Staff present were City Manger Kerry Sweatt and City Secretary Norma Althouse. Mayor Pro-Tern Greenwald asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 APPROVAL OF MINUTES: Special Session Regular and Budget Workshop Session Special and Budget Workshop Session Regular and Budget Workshop Session 07 -29-98 08-04-98 08-12-98 08-18-98 Mrs. Jarman moved to approve the minutes for the Special Session of 7-29-98, the Regular and Budget Workshop Session of 8-04-98, the Special and Budget Workshop Session of 8-12-98 and the Regular and Budget Workshop Session of 8-18-98. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa and Agee. NAYS: None. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. George Mower of 501 Brooks Ave. said he had two questions. (1) What, if any, are the plans for Freeway Manor Subdivision? (2) What are the plans for Cibolo Creek? After the last flood, he had recommended buying the land around the Creek and cleaning up the Creek. Mayor Pro-Tern Greenwald commented he surmises from that statement that Mr. Mower is willing to pass a bond issue to buy all this land. Mr. Mower indicated it would be better than all this building and hooking onto the system for water the City doesn't have. Mayor Pro-Tern Greenwald then asked Mr. Mower if he would be willing to chair a committee for this clean-up project and Mr. Mower replied no, but he would be willing to serve on such a committee. ) -9- Mr. Agee inquired how much land along the Cibolo Creek is in the City of Schertz and Mr. Sweatt replied he is not sure. He would estimate approximately 100-200 acres depending on how far you go. -. Leon Davis of 1017 Gettysburg asked if it had been determined what caused the flood this past weekend. Mr. Sweatt replied the large amount of rain (18 to 20 inches). Mayor Pro-Tern Greenwald added that the rain fell in a short amount of time. Mr. Davis noted the electricity was also out and he lost some food, but GVEC told him the City said not to turn it on. Mayor Pro-Tern Greenwald stressed they had to wait until it was safe to turn it on. Mrs. Jarman told him if he had seen the houses on River Road in water, he wouldn't have wanted the electricity on. Mr. Sweatt emphasized they did what they felt was best for the community as far as decisions regarding life and property. Mr. Davis wondered what took so long and observed that perhaps some things could have been done quicker. Mr. Mower then changed the subject back to Freeway Manor and any plans the City has for that subdivision. Mr. Sweatt reminded him they had asked the City to supply the water/sewer and street improvement costs and the City did that. Then a lawsuit followed and they haven't heard anything since. Mr. Sweatt went . on to say when Freeway Manor was annexed, the City was in compliance with laws applicable at that time. Mr. Agee added that until such time as the litigation is settled, he doesn't see how there can be a reply. #3 ORDINANCE: Consider and take action on final reading of Ordinance regarding TMRS and the continuing automatic updated service ceredit calculations and increases in the contribution rate. Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-M-31 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF SCHERTZ; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; PROVIDING FOR . -10- . INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Mr. Agee mentioned he will have to abstain. Mr. Sweatt pointed out to Mr. Agee that Mr. Greenwald, presiding as mayor Pro-Tern, can't vote and so that only leaves three members to vote. Mayor Pro-Tern Greenwald suggested Mr. Sweatt look at the Charter because he thinks in this situation the ordinance automatically passes. Mr. Sweatt went to get the City Charter and when he returned, stated this is a simple motion and all that is required for it to pass is a simple majority of those present. Mrs. Jarman moved to approve the final reading of an Ordinance regarding TMRS and the continuing automatic updated service credit calculations and increases in the contribution rate. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman and Potempa. NAYS: None. ABSTENTIONS: Council member Agee. . #4 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 2.109 acres from MH to GB (ARC - Pecan Grove). Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-5-32 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-5-28 BY REZONING 2.109 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Potempa moved to approve the final reading of an Ordinance rezoning 2.109 acres from MH to GB. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa and Agee. NAYS: None. . -11- #5 ORDINANCE: Consider and take action on final reading of Ordinance . rezoning two parcels of land - 0.969 acres from R-2 to GB and 0.127 from GB to R-2 ((M.W. Cude/ABG Investments). Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-5-33 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING TWO TRACTS, 0.969 ACRES AND 0.127 ACRES, OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mrs. Jarman moved to approve the final reading of an Ordinance rezoning two parcels of land - 0.969 acres from R-2 to GB and 0.127 acres from GB to R-2 Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa and Agee. NAYS: None. #6 ORDINANCE: Consider and take action on first reading of Ordinance . amending the Code regarding alcoholic beverages. Mayor Pro-Tern Greenwald introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY DELETING CHAPTER 3, ALCOHOLIC BEVERAGES, AND REPLACING SAME WITH A REVISED CHAPTER 3, ALCOHOLIC BEVERAGES; PROVIDING A SAVING CLAUSE, PROVIDING A PENALTY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt advised these changes track State law. Chief Smith is here to answer any questions Council may have. Chief Smith explained the wording Liquor Control Act is replaced by Texas Alcoholic Beverage Code and the reference to 300,000 population is replaced by a reference to 500,000 population. Also, the fees have been updated to conform with the guidelines set out by T ABC. . -12- . Mr. Potempa moved to approve the first reading of an Ordinance amending the Code regarding alcoholic beverages. Mr. Agee seconded the motion, which carrieed with the following votes: AYES: Councilmembers Jarman, Potempa and Agee. NAYS: None. #7 CITY MANAGER'S REPORT A. Related the following information regarding the flood of October 17, 1998: The City has been inundated with volunteerism. Beginning tomorrow, volunteers will be assigned to specific areas. The appraisals of damage to City property are in the process of being finished up. Teams have been going block by block to make residential damage assessments. Two funds have been established where donations of money can be made for flood relief funds. One is at the Schertz Bank & Trust and the other is at the State Bank. A committee has been formed to review the applications for aid. . They understand FEMA will be here tomorrow. They also expect the President's declaration of disaster tomorrow. Twenty-three houses had their gas shut off and some had electricity shut off. All of Clyde Ford Village was shut off because they had extensive damage. The Health Department has cooperated as far as providing innoculations. There were 345 calls to 9-1-1 from 7:55 a.m. Saturday through 6:00 a.m. Sunday. Mr. Potempa asked if 9-1-1 ever went down and was told it did not. The old animal control building where some of the Christmas decorations were stored is gone. The Lakewood area is in bad shape. Chief Woodward stated he was very proud of all the employees and expressed his thanks. They had no outside help for quite a long time. There are lots of good people at the City. Mr. Agee observed they have come to expect that because they know the City has a lot of good people. . Mr. Greenwald commented the only complaint he heard was that people were not notified sooner. Chief Woodward said we were lucky that we didn't lose any -13- lives. Mrs. Jarman pointed out even the Weather Bureau didn't know the flood . was coming. Mr. Potempa felt everyone did a great job. Mrs. Jarman asked if there would be any pick up for carpet, etc. and Mr. Sweatt answered they've had a wonderful response from Waste Management. Dumpsters have been located in the park area and various other locations throughout the City. Mr. Greenwald wondered about large fumiture items and was told they have a large claw that will pick those up and crush them. B. Stated Council had tentatively set a public hearing date of November 3rd on a request from the Carolina Crossing developers. Since that time, Planning and Zoning denied approval of the Master Plan. The public hearing is strictly for a zoning change, but disapproval of the Master Plan doesn't give them the authority to build. What is Council's pleasure on this? The consensus of Council was to hold off on the publishing of the public hearing notice. C. Reminded Council there is no meeting next week due to TML. #8 ITEMS BY COUNCIL Mrs. Jarman: · Reported that yesterday, in the rain, four (4) Samuel Clemens High School . students repaired fences in the Lone Oak subdivision. Mrs. Stovall has their names and addresses. Mr. Potempa: · Stated his wife got out of intensive care the other day and he hopes to have her home sometime this week. He's glad we have SAFES - their professionalism is outstanding. · Speaking of SAFES, Mr. Sweatt commented they felt it was inappropriate to have their fundraiser (originally scheduled for this Friday) at this time of need in the community, so the auction items will be raffled off and the food is free. Mr. Aoee: · Thanked everyone for a wonderful job during the flood and said he was proud of them. · Noted his prayer list is long, but it appears his little brother is getting better. · Mentioned Bob Fleming, corner of Maple and Oak, suffered damage again this year, but this time he did have flood insurance. . -14- . . Asked what kind of a building FEMA is looking for to locate their office and Mr. Sweatt replied one where they can install 15 phone lines. Chief Woodward suggested the possibility of the old Pecan Grove office building. #9 ITEMS BY MAYOR . Regarding the flood, mentioned the following: one of the news channels went into the Lakewood area and said it was in the City limits; the local Red Cross needs cleaning supplies; the Housing Authority had HUD people over assessing already; there are some people who think the residents of Lakewood Acres should not be allowed to rebuild; expressed appreciation to all the City employees for a job well done; thanked everyone for their concern about his family - his house was one of the ones damaged in the flood. #10 ADJOURNMENT Mayor Pro-Tern Greenwald adjourned the meeting at 8:21 p.m. . ?~~ Mayor Pro-Tern, City of Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz . -15-